(1) In the case of branch offices within the meaning of section 342 (2) no. 2 of a share capital company within the meaning of section 342 (2) no. 1, second alternative, the persons set out in section 13e (2) sentence 5 number 3 regarding whom an application for registration in the Commercial Register has been filed or, if no such persons exist, the members of the share capital company’s representative body are to demand of the ultimate parent enterprise that it provide to them a report on income tax information for the past financial year that has been prepared in accordance with section 342g number 2, sections 342h, 342i, 342j (3) as well as sections 342k and 342l if
1. the group turnover shown in the consolidated financial statements of the ultimate parent enterprise exceeded an amount in each of no fewer than two consecutive financial years that corresponds to the amount of 750 million euros at the exchange rate of 21 December 2021, rounded to the nearest thousand, and
2. the ultimate parent enterprise does not have any subsidiary enterprise that is subject to the duties stipulated in section 342d (1) and (2) or comparable duties as defined in the laws of another Member State of the European Union or of some other state party to the Agreement creating the European Economic Area in conformity with Article 48b (4) of Directive 2013/34/EU.
(2) If the ultimate parent enterprise fails to make available a report on income tax information or if the report made available is not compliant with statutory requirements, then the persons on whom the duty stipulated in subsection (1) is incumbent are to prepare the following on behalf of the share capital company:
1. a declaration to the effect that the ultimate parent enterprise failed to make available a report on income tax information or that the report made available is not compliant with statutory requirements, as well as
2. a report on income tax information in accordance with
a) section 342g number 2, sections 342h, 342i, 342j (3) and section 342k (2) as well as
b) section 342k (1) and section 342l
setting out the information that they have available and that they are able to procure.
(3) The persons on whom the duties stipulated in subsections (1) and (2) are incumbent are released from the duties set out therein if the ultimate parent enterprise has prepared a report on income tax information in accordance with section 342g number 2, sections 342h, 342i, 342j (3) as well as sections 342k and 342l that
1. was published free of charge no later than one year following the end of the period under report in at least one of the official languages of the European Union on the website of the ultimate parent enterprise,
2. was transmitted by some other domestic branch office no later than one year following the end of the period under report, in German, to the body maintaining the Business Register for inclusion in same or was disclosed by a branch office in another Member State of the European Union or in some other state party to the Agreement creating the European Economic Area as required by the relevant domestic laws in conformity with Article 48d (1) of Directive 2013/34/EU and
3. cites the name and the seat of that branch office on behalf of which the disclosure in accordance with number 2 was effected.
(4) The duties stipulated in subsections (1) and (2) will lapse if the group turnover shown in the annual financial statements of the ultimate parent enterprise is lower, in each of two consecutive financial years, than an amount that corresponds to the amount of 750 million euros at the exchange rate of 21 December 2021, rounded to the nearest thousand.
(5) The group turnover in accordance with subsections (1) and (4) is the amount of the group turnover resulting from the application of the accounting standards that, under the relevant domestic laws, govern the drawing-up of the consolidated financial statements of the ultimate parent enterprise.